SF 2362

Introduction - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to governmental performance; prohibiting per diem payments to
legislators and payment of salary to legislative leaders and the governor during
special sessions called due to failure of the legislature to pass major bills;
amending Minnesota Statutes 2006, section 3.099, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 3; 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [3.051] RULES OF PROCEEDINGS.
new text end

new text begin The rules of each house and the joint rules of the legislature must conform to the
provisions of section 3.099, subdivision 1, paragraph (d).
new text end

Sec. 2.

Minnesota Statutes 2006, section 3.099, subdivision 1, is amended to read:

Subdivision 1.

Pay days; mileage; per diem.

new text begin (a) new text end The compensation of each
member of the legislature is due on the first day of the regular legislative session of the
term and payable in equal parts on January 15, in the first month of each term and on the
first day of each following month during the term for which the member was elected. The
compensation of each member of the legislature elected at a special election is due on the
day the member takes the oath of office and payable within ten days of taking the oath for
the remaining part of the month in which the oath was taken, and then in equal parts on the
first day of each following month during the term for which the member was elected.

new text begin (b) new text end Each member shall receive mileage for necessary travel to the place of meeting
and returning to the member's residence in the amount and for trips as authorized by the
senate for senate members and by the house of representatives for house members.

new text begin (c) new text end Each member shall also receive per diem living expenses during a regular or
special session of the legislature in the amounts and for the purposes as determined by the
senate for senate members and by the house of representatives for house members.

new text begin (d) A member must not receive per diem living expenses and a legislative leader
must not receive any salary or per diem living expenses during a special session that is
called in an odd-numbered year because the legislature and the governor failed to enact all
of the major finance and revenue bills during the regular session that year. The house of
representatives and the senate must adopt rules or resolutions specifying which bills are
major finance or revenue bills for purposes of this paragraph. If the house and the senate
fail to agree on which bills are major finance or revenue bills, "major finance or revenue
bill" means the primary bill establishing state tax policy, and the primary bill making
appropriations in each of the following areas: higher education; early childhood through
high school education; agriculture and rural development; environment and natural
resources; health and human services; state government finance; economic development;
public safety; and transportation.
new text end

new text begin A member must not receive per diem living expenses and a legislative leader must
not receive any salary or per diem living expenses during a special session that is called in
an even-numbered year because the legislature failed to pass a bill making appropriations
for capital investment purposes during the regular session that year. For purposes of this
paragraph, the legislature has passed a major finance and revenue bill if both the house of
representatives and the senate have passed identical versions of the same bill, even if the
governor vetoes the bill.
new text end

new text begin For purposes of this paragraph, "legislative leader" means the majority leader,
assistant majority leader, majority whips, minority leader, deputy minority leader, and
assistant minority leaders of the senate and the speaker, majority leader, assistant majority
leaders, minority leader, deputy minority leader, minority whip, and assistant minority
leaders of the house of representatives.
new text end

new text begin (e) new text end On January 15 in the first month of each term and on the first day of each
following month, the secretary of the senate and the chief clerk of the house of
representatives shall certify to the commissioner of finance, in duplicate, the amount of
compensation then payable to each member of their respective houses and its total.

Sec. 3.

new text begin [4.52] PAY DURING SPECIAL SESSION.
new text end

new text begin The governor must not receive any salary for the period of a special session that is
called in an odd-numbered year because the legislature and the governor failed to enact all
of the major finance and revenue bills during the regular session that year. Major finance
and revenue bills are those specified under the procedures in section 3.099, subdivision 1,
paragraph (d).
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end